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Thank you for visiting www.blacktomato.biz. This Site is owned and operated by Black Tomato.
TERMS AND CONDITIONS FOR CORPORATE CLIENTS
Glossary of Terms
The Client – The person and/or company to whom the Sales Invoice is addressed.
The Company – Black Tomato Ltd.
The Project/s – Work undertaken by Black Tomato Ltd. Includes, but is not exclusive to, prize promotions, brand and company incentives.
The Product/s – Concepts provided in quotations, on the website and in any official Black Tomato literature.
The Booking – The confirmed Project and elements of it.
The Recipient/s – The travelling passenger/s, incentive or prize-winner/s.
Company Details
Black Tomato Ltd, Registered office: 21 Curtain Road, London, EC2A 3LW. Company number - 04885202
The Service
Travel packages that include flights are bonded under ATOL number 9090, registered to the Company.
The Quote
The price shown on the quotation is valid for 30 days from the date of the quotation. Unless detailed otherwise the concepts are inclusive of all travel costs as listed, prize-winner management and research. When the redemption period is more than six months from the Project closing date or where costs need to be guaranteed more than six months in advance of the Project, an additional 10% will be added to the gross value of the Client’s order in order to cover any subsequent price increases. The quotation on occasion may include exclusive Product/s for use only for the Client. In such cases the Client must seek permission of the Company to disclose details of such Product/s to any third party.
Products & Concepts
When the Company’s Product is used either directly from the website or following delivery of a quotation, this is considered to constitute acceptance of the Company’s services and full terms and conditions, including payment and cancellation clauses that apply. This applies to all services.
Availability
All Products are subject to availability at the time redemption is made and the Recipient’s details are delivered to the Company. Where an element or elements of a Product are no longer available, the Company will endeavour to provide an alternative of similar value and theme.
Travel documents
Tickets and travel documents are normally supplied to Recipients two to three weeks prior to departure under normal booking circumstances.
Passports, visas, health
It is the Recipients’ responsibility to comply with our standard package holiday terms and conditions of booking and verify what visa and health provisions are needed when travelling abroad. It is the Recipients’ responsibility to ensure that they have all of the necessary documents for travel, including passports and visas, and to ensure that appropriate health advice is taken prior to travel. Passports must be valid for at least six months after the return date and have two clear pages. The name on the passport must match that on the airline ticket.
Holiday insurance
It is a condition of booking that Recipients travelling overseas have adequate travel insurance at the time the booking is confirmed. This is to ensure that they are properly covered against unexpected cancellation charges prior to departure and events occurring during the holiday.
Payment schedules, amendments and cancellation
Full payment for the Booking or the agreed deposit will be due before the Project goes live or 30 days from receipt of invoice, whichever is the sooner. In the event of cancellation, the greater of 25% of the gross invoice price or the full amount of the agreed deposit will be charged. On a case-by-case basis, we may include terms that are Project-specific. Any amendments to existing Bookings will be charged as per the Company’s standard package holiday terms and conditions of booking. The Company reserves the right to charge interest at 3% above base rate, if payment is not received in accordance with agreed payment terms.
Payment by credit card
Payment by credit card will incur an additional charge of 2.5% of the total transaction value.
Exclusion of liability
The Company will use its best endeavours to ensure that wherever possible, the information supplied about the Products and services are accurate. However it is impossible to guarantee that all Product information and pricing is 100% accurate at all times. The Client will be notified of any errors made in the most practical and timely manner possible. When a Project is cancelled due to legal reasons or circumstances out of our control, normal cancellation terms will apply.
Insurance
The Company holds Public/Product Liability insurance cover limited to £2,000,000 and Professional Indemnity insurance cover limited to £250,000.
Client responsibilities
It is the responsibility of the Client to ensure that the terms and conditions of any Project where the Company’s Products are offered comply with current laws and restrictions within the relevant country or countries in which they are offered. This extends to legal liability where any brand conflict may arise. The Company will not be responsible for any loss, damage or liability caused should any Recipient be unable to accept a Company Product for legal reasons such as, but not limited to, date of birth, nationality or place of residence. The Client is responsible for advising the Company in advance of all terms and conditions relating to the placement of any of the Company’s Products.
Confidentiality
During the process of working with the Client the Company are often in receipt of confidential information. The Company agrees not to convey any information to any third party unless expressly given permission to do so by the Client.
Use of cash alternatives
The Company’s Products cannot under any circumstances be offered alongside any cash alternatives. The Company’s Products and services can only be used in conjunction with any cash prizes, subject to the Company’s approval. If a cash alternative is offered without the Company’s approval and redeemed instead of the Company Product, then 25% of the gross invoice amount will become payable to the Company by the Client immediately.
Redemption period
All Bookings must be redeemed within 6 months of the Project closing. It is the responsibility of the Client to specify the closing date of the Project, otherwise the closing date will be assumed to be six months from date of invoice. Failure by the Client to specify the closing date will result in an additional charge of 10% of the gross invoice price, to cover increases in costs. No refunds are available after a 12-month period from the Project closing, unless agreed by the Company in advance.
Ethical business
The company is committed to ethical business practices.
TERMS AND CONDITIONS FOR PRIZE WINNERS
For purposes of these prize-winner’s package holiday terms and conditions of booking, references to “we,” “our,” and “us” mean Black Tomato. References to “you” and “your” mean the prize winner(s) and the lead and contracting member of the booking party. For the avoidance of doubt, the lead and contracting member of the booking party is the winner of the package holiday arrangements (“experience”) with Black Tomato and receives Black Tomato’s experience itinerary and/or any other documentation relating to the prize/experience contract. These terms and conditions should be read in conjunction with the terms and conditions applicable to the relevant prize, which are available on the prize promoter’s website at the time of entry.
1. Contract
For all experience bookings your contract is with Black Tomato Ltd of 21 Curtain Road, London EC2A 3LW (”Black Tomato”) ATOL 9090.
A binding contract is entered into upon your being confirmed as the prize-winner and after we have issued a written experience itinerary via email or letter. As the prize-winner, you accept that you have the authority to bind all members of your party to these terms and conditions of booking. It is essential that upon receipt of our experience itinerary, you check the experience details we have made and confirmed and inform us immediately of any errors. Where this is not done, and there is an unreasonable delay in notifying any apparent discrepancies in the confirmed arrangements, we will not be responsible for any charges that may arise as a result of alterations that have to be made to the experience booking.
2. Payment for your experience
Payment for your experience will be made by the promoter.
3. Insurance
It is essential that you take out a comprehensive travel insurance policy to cover you before, during and after your experience. Acceptance of your booking is conditional on adequate insurance being arranged. We will not be responsible for any costs incurred by you or any member of your party before, during or after your experience as a consequence of inappropriate or insufficient travel insurance being purchased. Please ask our staff for details of insurance providers if you do not already have cover in place.
4. Passports, visas and health requirements
We will, upon request, provide general information relating to passport, visa and health requirements, relevant to EU citizens, for the destinations we feature. This may be limited to providing contact details for the relevant embassy or consulate. Ultimately, it is your responsibility to ensure that you and your party will be able to obtain, and will be in possession of, all necessary travel documents/visas in advance of travel. It will also be your responsibility to ensure that you and all members of your party will be able to comply with all health requirements for the destination concerned. We will not accept liability if you or any member of your party is refused entry onto any transport or into any country due to failure on your/their part to carry correct documentation or to comply with relevant health requirements.
5. Information
Whilst we make every effort to ensure that the information on our website is accurate and not misleading, it is published many months before your experience takes place and may be subject to change. We reserve the right to make changes to the website and any information it contains at any time. Where material changes are made to website content after your experience has been booked, every effort will be made to inform of such changes prior to travel.
6. Amendment and cancellation by you
(a) amendment
Please refer to the terms and conditions applicable to your prize experience.
(b) cancellation
Please refer to the terms and conditions applicable to your prize experience.
7. Amendment and cancellation by us
(a) amendment
It is occasionally necessary for us to make changes to booked arrangements as described in Clause 5 above. In exceptional circumstances, we may have to change your experience arrangements after your booking has been confirmed. If the change is minor, we will do our best to notify you in advance of departure but we are not obliged to do so and no compensation will be payable. If the change is material (including, but not limited to, a change of flight time by more than 12 hours, change of experience destination or change of accommodation to one with a lower official rating), we will notify you as soon as practically possible and offer you the choice of (i) accepting alternative arrangements; (ii) arranging an alternative experience with us; or (iii) cancelling your experience. Regardless of the option you choose, we will pay you compensation for material changes as set out in the table below, unless such change has been caused by Force Majeure or insufficient bookings:
No. of calendar days notice prior to date of departure Compensation per person (excluding infants):
More than 70 days Nil
69 - 43 days £10
42 - 28 days £20
27 -14 days £40
Less than 14 days £50
(b) Amendments during the experience
If we are unable to provide a significant proportion of your experience whilst you are away, suitable alternative arrangements will be made for you at no extra cost or, you will be given the option to return to your point of departure (subject to flight/transport availability) and given a pro-rata/proportionate refund for any part of the experience not received. This does not apply to minor changes in your accommodation, itinerary or transportation arrangements.
(c) Cancellation
Whilst we hope we will never have to cancel your experience, this is very occasionally necessary and we reserve the right to do so. We will do our best to offer alternative arrangements of a comparable or better standard with any appropriate refund, or will give you a full and prompt refund of the experience price.
(d) Force majeure
Compensation will not be payable in any cases where an amendment, change or cancellation is due to an unusual or unforeseeable event or circumstance beyond our reasonable control (’Force Majeure’). Such events include, but are not limited to, war, threat of war, riot, civil disturbance or strife, terrorist activity (actual or threatened), industrial disputes, technical or maintenance problems with transport, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, levels of water in rivers, acts of god, closure of airports, changes of schedules or operational decisions of transport providers.
(e) Travel delays
We have included in many of our experiences the services of major international airlines and whilst these airlines’ flights are rarely subject to lengthy delays, there are occasions when such delays do occur. We cannot accept responsibility for such events and do not provide for meals, overnight accommodation or any other costs resulting from such delays.
8. Our responsibilities to you
We take care to ensure that we use all reasonable skill and care in our selection of the parties involved in the preparation and supply of your experience. Please remember that the appropriate standards will be those prevalent in your experience destination. We undertake the following responsibilities in connection with your experience:(a) To pay reasonable compensation (subject to (c) below) if the product or service supplied to you is not of the standard described or contracted for by you, apart from in cases where such sub-standard product or service results from an event that we and/or the suppliers of the experience components, could neither foresee nor prevent, even with all due care. This compensation will be limited (except in the case of death, illness, injury and lost/delayed baggage) to no more than twice the price of your experience; (b) We accept no liability to you for (i) any circumstance arising from fault on your part or the part of any member of your party, (ii) any circumstance arising from fault on the part of someone not connected with the provision of the booked experience and/or its various components, (iii) any circumstance which arises due to unusual or unexpected circumstances beyond our reasonable control which could not have been avoided, or (iv) any circumstance which arises due to an event which we or the supplier of any service could not anticipate, expect or reasonably prevent; and, (c) any acceptance of liability is subject to you agreeing to assign to us your rights against any third party responsible for the events leading to your claim and to you affording us all necessary assistance in pursuing that claim.
In all cases, and where appropriate, our liability to you and your party is limited in accordance with, and as if we were a hotel, airline or other transportation provider governed by various international conventions. This limitation of liability applies to claims for, but not limited to, death, injury, illness, and loss, damage, delay in the transportation of luggage and personal belongings. Copies of applicable conventions will be provided upon request. Some of those that apply are:
a) The 1929 Warsaw Convention (as amended by the 1955 Hague Protocol and 1975 Montreal Protocol of 1975),
b) The 1999 Montreal Convention,
c) The 1961 Berne Convention,
d) The 1973 Geneva Convention,
e) The 1974 Athens Convention,
f) The 1962 Paris Convention.
In all cases our liability will be limited also in accordance with the relevant supplier’s conditions of carriage, copies of which will be provided upon request.
(a)Denied boarding
Where a flight is changed, delayed or cancelled or you are denied boarding of an aircraft for any other reason which would provide entitlement to compensation under Regulation (EC) 261/2004, you are obliged to claim compensation from the relevant carrier. We are not an air carrier and will have no liability to you in relation to the above Regulation.
9. If you have a complaint
If you have any complaint or problem whilst away, you must inform us, our representatives or the relevant supplier as soon as possible to give us the maximum opportunity to rectify it. Any unresolved complaints must be notified to us in writing within 30 days of your return. If you do not notify your complaint at the earliest opportunity and/or formalise your complaint in writing within 30 days of your return, our ability to investigate your complaint will be affected and your right to compensation may be reduced or lost. Any incident of illness or injury arising from an incident connected with your experience should be brought to the attention of the local supplier immediately.
10. Special requests
Whilst we will endeavour to comply with any special requests we receive (for such things as specific airline seating, dietary requirements or specific rooms), we are unable to guarantee compliance with such requests or that it is possible for us to comply with those requests. We will pass any special requests to the relevant supplier but will not be liable for any loss suffered in the event of such requests not being met.
11. Excursions and activities
Where excursions and/or activities are booked in advance, and detailed on our experience itinerary, these will form part of the experience package. We undertake to use all reasonable skill and care in our selection of excursion and activity suppliers. Any excursions and/or activities purchased in the experience destination, will not form part of the experience package and your contract for such excursions/activities will be made with the relevant supplier, even where the excursion/activity is booked via, and/or payment is made to, our representatives or local agency staff.
12. Event tickets
Cancellation or curtailment of a major event or sporting fixture is an unusual occurrence and we accept no responsibility to refund or compensate where changes to an event are made for reasons beyond our control. Every effort will be made to offer alternative arrangements and in the unlikely event of cancellation any refund obtained will be passed on to you.
13. Jurisdiction
This contract is governed by English Law and is subject to the exclusive jurisdiction of the courts of England and Wales.
14. Documentation
Your tickets, hotel vouchers and information regarding your experience will be sent to you approximately 2 weeks prior to departure.
15. Your financial protection
When you received an ATOL protected air holiday package organized by us, you will receive an experience itinerary confirming your arrangements and your protection under our Air Travel Organiser’s Licence number 9090.
In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk
16. Registered office
Black Tomato Ltd, 21 Curtain Road, London EC2A 3LW
TERMS AND CONDITIONS FOR THIS SITE
1. General
The following are the terms and conditions applicable to access to and/or use of the Black Tomato website (the “Site”). By gaining access to and/or using the Site, you agree to comply with these terms and conditions and all applicable laws, rules and regulations governing use of the Site. The Site is owned and operated by Black Tomato Ltd “Black Tomato”, registered office 21 Curtain Road, London EC2A 3LW. We reserve the right to change these terms and conditions at any time by posting a new version on the Site, so please check this page of the Site regularly.
2. Restrictions on use
The information and materials on the Site (Information) are provided for the personal use of customers or potential customers of Black Tomato (the ‘Customer’ or ‘You’) to review information on events and promotions and to buy tickets. Customers are authorised to visit, view and keep copies of pages on the Site for their own personal use only.
3. Commercial use of the site
Any commercial use of the Site or of any of the Information, in any way, is strictly prohibited unless under licence and with the prior written consent of Black Tomato, the copyright holders. In addition, you must not: copy, download, publish or distribute any Information for any purpose not authorised by these terms and conditions, modify any of the information, use any of the information for public display, performance, sale or rental transfer, remove, modify or alter any copyright, trade mark or other proprietary notice, transfer any information to any other person, link any web-site to the Site or use the Site on its own or in conjunction with other web-sites to sell or re-sell tickets.
4. Black tomato property
The Site and all Information and other content on the Site (including, but without limitation, text, graphics, videos, music, sound and links) is the property of Black Tomato and/or is used under licence from its suppliers and is protected under international treaty provisions and world-wide copyright laws.
Except as expressly permitted by these terms and conditions, none of the Information nor any such content may be reproduced, copied, edited, published, transmitted or downloaded in any way without the prior written consent of Black Tomato. Nor does Black Tomato grant any express or implied right to you under any of its trademarks, copyrights or other proprietary rights. Black Tomato logos or any other image bearing the Black Tomato name that are found on the Site are trademarks of Black Tomato. They may not be used without the prior written consent of Black Tomato.
5. External links
You may from time to time be provided with links to other websites through use of the Site. These sites are not controlled by Black Tomato in any way and Black Tomato is not responsible for the accuracy, completeness, legality or any other aspect of these other sites including any content provided on them.
6. Termination
Failure to comply with these terms and conditions may result in the termination of your right of access to the Site by us (without refund or further notice to you), including your right to use the Site in the future, along with any other rights which you may have acquired. Furthermore we may require you to destroy any information downloaded, printed or otherwise copied from the Site and may cancel any orders placed by you.
7. Disclaimer
(a) Accuracy of Information
The Information is provided on an ‘as is’ and ‘as available’ basis. All express or implied warranties of any kind (including warranties of merchantability, fitness for purpose and non-infringement of the intellectual property of a third party) are excluded to the fullest extent permitted by applicable law. Black Tomato makes no representation or assurance of uninterrupted or error free service, or that the Site will provide any specific search results. Black Tomato may change the Information from time to time without notice and makes no commitment to keep the Information up-to-date nor any representation or warranty as to the currency, accuracy or completeness of the Information.
(b) Use of the Site
Use of the Site is at your own risk. While Black Tomato endeavours to ensure that the site is secure we cannot guarantee the security of your personal information, nor that the Site (or any site to which you may be linked) is free from viruses or similar matters that may damage your website, computer or systems. Black Tomato excludes to the fullest extent permitted by applicable law all liability for any loss, expenses or damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of additional revenue or other consequential or economic losses) directly or indirectly arising out of the use or inability to use the Site or the Information. Black Tomato is not responsible for the acts or omissions of any Customers, other users of the Site, advertisers on the Site or other third parties connected with the Site nor for the events, services or products of any event organiser, venue, promoter, producer or other third party connected with any event or product sold on the Site.
The Site is controlled and operated by Black Tomato from its offices in England. Black Tomato does not represent or warrant that the Information is appropriate or available for use in other jurisdictions and access to the Information from jurisdictions where its contents are illegal is prohibited. You may only use this Site for lawful purposes and in accordance with these terms and conditions.
7. Governing law
These terms and conditions are to be governed by and construed in accordance with English law and any dispute or question in connection with them will be subject to the exclusive jurisdiction of the Courts of England and Wales.
This document was last revised on Monday 09th June 2009.
